Conservation Commission Issues Ultimatum on Proposed Development at Atkins Corner

Report on the Meeting of the Amherst Conservation Commission, September 24, 2025

This meeting was held over Zoom and was recorded.

Present
Andrey Guidera (chair), Bruce Stedman, Jason Dorney, Rachel Loeffler, and Alex Hoar (two vacancies)

Staff: Erin Jacque (Conservation Agent)

Ultimatum Issued Regarding Much Delayed Plan for Mixed-use Development at Atkins Corner
Kyle Wilson, from Archipelago Investments, submitted an email request to the Conservation Commission to delay the scheduled hearing on Archipelago’s proposed 140-unit mixed-use development on Gould Way and Lannon Lane at Atkins Corner until after October 22, its next scheduled presentation before the Planning Board. The Conservation Commission has reviewed the project extensively over eight previous meetings, and found that it violates wetlands bylaws by encroaching on the buffer area around the extensive existing wetlands at the site. At Wilson’s last appearance before the commission, he requested that the town revise its bylaws to exempt developments in business districts, saying that Northampton has such an exemption. The commission discussed changing the bylaw on September 10, and decided against it. Meanwhile, the Planning Board has repeatedly delayed reviewing the project until the Conservation Commission approves it.

Most commissioners at the meeting have clearly lost patience with Wilson. Alex Hoar proposed that the application be denied, noting that  Archipelago has failed to produce a compliant plan over numerous appearances before the commission. Jason Dorney said, “I don’t know how many continuances we have given, and at one meeting they didn’t even show up, and then they showed up and wanted us to change the bylaw.”

However, Conservation Agent Erin Jacque cautioned that the commission cannot deny the application without specifying exactly what it needs from Archipelago and when it needs it, or the town could face litigation.  She also said that if the commission does not grant the requested continuance, the hearing will be considered closed. At that point,  the town will have 21 days to issue an order of conditions that must be met to allow (or deny) the application. She added that she understands the commission’s frustration, but issuing a denial without following appropriate regulatory procedures means the applicant could go to court to have the denial overturned, and the court itself could issue a new order of conditions. The state order would overrule local control, and  the project could then proceed without local approval.

Jacque advised that the commission give Archipelago 30 days to submit a plan that complies with the wetlands bylaw and regulations. If the commission decides that the plan does not meet the requirements, it has grounds to deny the application. Although Dorney and Hoar stated that they thought the commission had set the deadline for this meeting on August 27, Jacque said that the instructions to Wilson were not specific enough to stand up to legal challenge. 

Reluctantly, the commission voted unanimously to continue the hearing until December 3, with Archipelago being required to submit a compliant plan by October 24. That timing will give Jacque and the commissioners ample time to review it.  They also voted unanimously not to discuss changing the bylaw again at the hearing. Although the commission voted not to change the bylaw at its last meeting, Wilson submitted another request to change it to Jacque and Assistant Town Manager Dave Ziomek via email .

Public Comments Highlight Archipelago’s Disrespect for the Town and Conservation Commission
Saying that Archipelago has never expressed any intention to bring forth a plan that complies with the wetlands bylaw, Maria Kopicki said she “doesn’t see how there is any way forward with this application.” 

Gustavo Oliveira said he feels disrespected by what the company is doing, and that he suspects Archipelago is trying to delay a decision until the bylaw is changed. He requested that the commission be fair to the neighbors and deny the application.

Jennifer Hixon asserted that the project as it stands will decimate wildlife in the area. She also stated that she doesn’t understand how anyone would be allowed to change the rules for an unsuitable project.

Sherry Wilson stated that she wants to proceed legally, “[but] Archipelago has been stringing you along for a very long time. They ignored the request for a revised plan and instead asked that the bylaws be changed. It’s time to tell them that they aren’t playing by the rules. We would like housing and a mixed-use building there — but this is a very bad plan.”

Paul Juris said he appreciated the explanation of why the decision needs to be delayed. However, he warned that Archipelago’s delay tactics might set a precedent for other developers, and affect the ability of the town to enforce its rules. 

Carol McNeary and Kate Naughton also encouraged the commission to uphold its bylaws and only approve a plan that complies with the wetlands regulations.

The Conservation Commission will again discuss the project on December 3 at 7:15 p.m.

Work on Sweet Alice Boardwalk to Begin Next Week
Jacque reported that preparations are in place to begin construction of a boardwalk over the bog at Sweet Alice Conservation Area, which is off Bay Road, next week.

The Pioneer Valley Planning Commission secured a $450,000 grant for the five towns in the Fort River watershed to train people to inspect existing culverts and assess the need for repair. Information collected will go into a database at UMass that is used by the state to determine grant awards for culvert repair. Bruce Stedman explained that this information will enable towns to replace culverts before they fail.

The Conservation Commission approved two land-use applications from Amherst College for classes to do micro invertebrate sampling from the Mill River and to collect goldenrod galls. These applications have been approved for the past four years, with the provision that the results of the studies are shared with the commission.